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BANK. ETHICS,FRAUD&MALPRACTICE (BANKRUPTCY LAW - 1040)

2 credits

This course deals with three related and troublesome issues in bankruptcy practice. The course will cover the specific and somewhat conflicting provisions of the Bankruptcy Code dealing with ethics, as well as conflicts arising in representation of debtors-in-possession, and professional responsibility in the context of major bankruptcy cases. Bankruptcy fraud situations and malpractice issues will be analyzed. Prerequisite for J.D. students: Creditors' Rights and Professional Responsibility.

Prerequisite: CREDITORS' RIGHTS AND PROFESSIONAL RESPONSIBILITY
Melanie L. Cyganowski
Cecelia G. Morris

BANKRUPTCY ACCOUNTING (BANKRUPTCY LAW - 1090)

2 credits

This course will provide a working knowledge of accounting practice and procedures related to bankruptcy. This is not a general accounting course, but is specifically related to the accounting principles and financial documents required in a bankruptcy case including monthly operating statements, and disclosure statements, as well as pro-forma financial statements prepared as part of a proposed bankruptcy plan. LL.M. students without a substantial accounting background (e.g., CPA or equivalent) are strongly urged to take this fundamental course to comprehend, interpret and analyze financial data in order to determine whether an entity is financially viable and whether it can be reorganized under Chapter 11 of the Bankruptcy Code. Prerequisite for J.D. students: Creditors' Rights or Accounting for Lawyers.

Prerequisite: CREDITORS' RIGHTS OR ACCOUNTING FOR LAWYERS
Francis G. Conrad

BANKRUPTCY ADVOC. CLINIC-PTII (ADVOCACY AND LEGAL SKILLS - 9000)

4 credits

The Bankruptcy Advocacy Clinic will be offered as a two- semester clinical program available to second and third year students. St. John's University is partnering with the NYC Bankruptcy Assistance Project of Legal Services NYC to give students the opportunity to engage in bankruptcy advocacy for debtors facing crushing debt and debilitating debt collection actions. Students will screen potential clients for bankruptcy, triage cases and prepare bankruptcy petitions for debtors to file pro se. In some cases, they may represent debtors in court, including Chapter 13 confirmation hearings, relief from stay motions, contested matters and adversary proceedings. Casework will be supervised by experienced bankruptcy attorneys. The grade will be based upon the student's overall performance in the clinic.

Prerequisite: BANKRUPTCY ADVOC. CLINIC-PT I
William Z. Kransdorf

BANKRUPTCY POLICY (BANKRUPTCY LAW - 5060)

2 credits

Recommended pre- or co-requisite: Creditors Rights. An examination of the policies that underlie the 1978 Bankruptcy Code and modern bankruptcy practice in both the individual and business contexts. Topics vary from year to year. Grades will be based on a research paper.

Keith B. Sharfman

BANKRUPTCY PRACTICE-OPINION (BANKRUPTCY LAW - 4090)

1 credits

This course focuses on the types of transactional research and writing skills that are common to most bankruptcy practices. The course will be structured around a common opinion issue in bankruptcy practice. Students will conduct legal research on the issue and draft a legal opinion of the type common to bankruptcy practice (e.g., a non- consolidation or true sale opinion). Additional exercises may be required. The course is intended to be an advanced and intensive research and writing course and students will be expected to produce at least two drafts of each written exercise. The course will be graded on a letter grade basis, with evaluation based primarily on the quality of the exercises. Pre-requisite for J.D. students: Creditors' Rights.

Prerequisite: LEGAL WRITING II AND CREDITORS' RIGHTS
Douglas Deutsch

BANKRUPTCY SALES (BANKRUPTCY LAW - 5020)

1 credits

This course examines the bankruptcy sale process. The course will cover the basic rules governing bankruptcy sales and will explore the motivations of the parties and creative uses of the sale process. Evaluation will be based on an examination, but class participation or a paper may be factored into the final grade. Prerequisite for J.D. students: Creditors' Rights.

Prerequisite: CREDITORS' RIGHTS
Brendan L. Shannon
Mary F. Walrath

BANKRUPTCY THEORY SEMINAR (BANKRUPTCY LAW - 2000)

1 credits

This course examines the theoretical underpinnings and goals of bankruptcy law. It will analyze the conflict between the goal of providing the debtor with a "fresh start" and the goal of maximizing return to creditors, and whether the resolution should vary with the type of case. These and other questions will be examined from the perspective of the attorney, the judge, and the client in the context of specific bankruptcy issues. There will be guest speakers representing different positions in the bankruptcy spectrum. Prerequisite for J.D. students: Creditors' Rights.

Prerequisite: CREDITORS' RIGHTS
Richard Lieb

BREAD & LIFE IMMIGR CLINIC I (ADVOCACY AND LEGAL SKILLS - 8040)

4 credits

The Bread and Life: Immigration Clinic (8 credits, 4 Fall and 4 Spring) semester clinical program available to second- and third- The Bread and Life: Immigration Clinic is a two- year students and evening students who have finished three semesters and are able to do clinic work during the day. St. John's Law School is partnering with St. John's Bread and Life to give students the opportunity to engage in lawyering with an immigrant population. Students will be services of Queens/Brooklyn. Students will develop skills in interviewing, identifying supervised by attorneys at Catholic Migration factual and legal issues, researching, preparing and providing client representation or referrals to memoranda, working with clients from diverse cultures, appropriate agencies. Students will be exposed to a wide array of immigration-related problems. Grades will be based on demonstration of the skills taught, ability to work with clients and team members, written assignments, and classroom participation, including roundtable discussions where students will present a client's case, identify a particular complex legal, factual or strategic issue, and share ideas.

Prerequisite: LEGAL WRITING II
Janice D. Villiers

BUS. TORTS & INTELLECTUAL PROP (INTELLECTUAL PROPERTY - 1080)

3 credits

This course acquaints students with an exciting array of legal issues affecting the marketplace, consumer interests and the private ownership of 'cultural property,' including common law, unfair competition, trade secrets, predatory practices, trademark, false advertising and copyright laws. The class structure is divided equally between traditional classroom instruction and lawyering exercises pertaining to the various torts studied. Substantial student participation is, therefore, required in both aspects of the class. The first class each week is dedicated to a thorough examination of the applicable laws and cases with the expectation that students will be prepared to work through the fundamental nuances of the readings. During the second class of each week, students will divide into panels (simulating medium-sized law firm practice) to argue the interests of clients involved in one of a series of exercises. Grading is distributed as follows: 80% on performance on the final exam; 20% on participation and preparedness in the lawyering exercises.

BUSINESS ORGANIZATIONS (BUSINESS AND FINANCE LAW - 3000)

4 credits

This course is intended to familiarize students with the nature of business entities. The course begins with a review of Agency Law. Partnerships, limited partnerships and joint ventures are then examined against the background of the Uniform Partnership and Revised Uniform Limited Partnership Acts. In the examination of corporations, attention is given to the problems of forming and financing the corporation, the federal securities laws and the distinctions between publicly held and closely held firms. Considerable stress is placed on the rights of shareholders and the authority and obligations of directors and officers of a corporation. Consideration is also given to shareholders derivative actions and to the problems involved in the dissolution and combination of corporations. Grades are based upon a final examination.

Leonard M. Baynes
Michael A. Perino
Cheryl L. Wade